Signing Over Authority
Gen. Oblig. Law § 5-1501B — a notary, two witnesses, and the agent's own acknowledged signature
In New York, a power of attorney signed here must be typed or printed in letters no smaller than twelve point, or a reasonable equivalent if handwritten; signed, initialed and dated by a principal with capacity, or by another person who is not an agent, in the principal's presence and at the principal's direction; acknowledged like a deed; and witnessed by two persons who are not named in it as agents or as recipients of gifts. The person who takes the acknowledgment may be one of the witnesses.
Not live until the agent signs. The agent also signs and dates it, with that signature acknowledged. The date the agent's signature is acknowledged is the date it takes effect as to that agent, and where two or more agents must act together it takes effect when all of them have signed with their signatures acknowledged.
A document set to start on a date or a contingency takes effect only once that date or contingency has come and the agent's signature has been acknowledged. If it names someone to declare in writing that the contingency has occurred, that declaration is enough, whether or not it actually has.
Durable unless it says otherwise. A New York power of attorney is durable unless it expressly provides that the principal's incapacity ends it. Acts done during incapacity bind the principal as if the principal had capacity, and if a guardian is appointed the agent accounts to the guardian.
| The assumption | What the law actually does |
|---|---|
| The assumptionIt works as soon as I sign it | What the law actually doesIt takes effect as to an agent when that agent's signature is acknowledged |
| The assumptionA notary is enough | What the law actually doesA notary and two witnesses, and the notary may be one of them |
| The assumptionI have to make it durable | What the law actually doesDurable unless it expressly says incapacity ends it |
| The assumptionThe agent can mix our money | What the law actually doesThe principal's property is kept separate, with limited exceptions for joint property |
An agent has a fiduciary relationship with the principal: to follow the principal's instructions or, without them, act in the principal's best interest; to avoid conflicts of interest; to keep the principal's property separate; and to keep a record of all receipts, disbursements and transactions. Gifts to the agent need specific authorization in the document.
Fifteen days to produce the record. On a written request from a monitor, a co-agent or successor agent, a government entity investigating possible abuse or a need for protective services, a court evaluator, a guardian ad litem, a guardian or conservator, or the personal representative of a deceased principal, the agent makes the record and a copy of the power of attorney available within fifteen days. A failure to can lead to a special proceeding.
An agent may resign by written notice as the section describes. The statutory short form's caution and notice to the agent, gift authority, and revocation run under their own sections and are not on this page. Drafting, limiting or challenging one is a matter for a licensed New York attorney.
Sources for this section (3)
- Gen. Oblig. Law § 5-1501b — Creation of a valid power of attorney; when effective
- Gen. Oblig. Law § 5-1501a — Power of attorney not affected by incapacity
- Gen. Oblig. Law § 5-1505 — Standard of care; fiduciary duties; compelling disclosure of record
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.